A GOLD Coast truck driver unable to adjust his seat on a Virgin Australia flight is now suing the airline for more than half a million dollars.

Documents lodged in the Brisbane District Court show Daniel Gleeson, 51, of Gaven, was flying from Sydney to Perth on January 15, 2012 when he was seated in 16K.

Soon after take-off he fully reclined his seat but then found he was unable to bring it back up.

He sought help from a flight attendant, who was also unable to adjust the seat.

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When Mr Gleeson complained he had a pre-existing back injury, he and his wife were offered complimentary drinks by the attendant.

The documents claim Mr Gleeson asked repeatedly to be moved to another seat but was told the flight was full and he would have to stay put.

As a result he was forced to remain in an “unsupported position” throughout the 4.5 hour flight which he alleged caused permanent injury to his back.

Documents filed by Mr Gleeson’s solicitor said a medical assessment noted the injury had resulted in a “seven per cent whole person impairment”. “

The plaintiff (Mr Gleeson) is likely to have ongoing episodic severe lower back pain for the foreseeable future,” said a medical report by orthapaedic surgeon Dr Malcolm Wallace.

However in its notice of intention to defend, Virgin Australia’s legal representative said the airline denied the seat was faulty and denied Mr Gleeson was prevented from occupying one of the eight empty seats in economy class.

“The plaintiff failed to adopt an ergonomically suitable position while seated; failed to use a pillow or other means to support his back; failed to leave his seat and move around the cabin; and failed to swap seats with his wife,” said the Virgin response.

Mr Gleeson is seeking a total of $540,463 in damages, including for future economic loss.